T-2 Spouse of Victim of Human Trafficking

The T-2 visa is a nonimmigrant visa available to the immediate family members, such as spouses, children, and, in some cases, parents, of T-1 visa holders who are victims of human trafficking. This visa allows family members to remain in the United States while the T-1 visa holder assists law enforcement in the investigation or prosecution of human trafficking cases. To qualify for the T-2 visa, applicants must be the immediate family member of a person who has been granted T-1 status, and they must be seeking to accompany or join the T-1 visa holder in the U.S. during the period of assistance to law enforcement.

To apply for the T-2 visa, applicants must complete Form I-914A, Supplement A to Application for T Nonimmigrant Status, and submit it to U.S. Citizenship and Immigration Services (USCIS). The application requires the family member to provide proof of their relationship to the T-1 visa holder, such as a marriage certificate for a spouse or a birth certificate for a child. Additionally, applicants must demonstrate that their stay in the U.S. is in connection with the T-1 visa holder’s case and that they will remain in the U.S. as dependents of the T-1 holder. Once the petition is approved by USCIS, the T-2 visa holder can enter or remain in the U.S.

Once granted, the T-2 visa allows family members to reside in the U.S. for up to four years, de-pending on the duration of the T-1 visa holder's status. T-2 visa holders may also apply for work authorization during their stay in the U.S. As with the T-1 visa, the T-2 visa provides a path for family members to adjust to permanent resident status (green card) after three years of continu-ous presence in the U.S. Because of the intricate legal process and sensitive nature of the case, it is highly recommended that applicants consult with an immigration attorney to ensure that their application is properly prepared and filed.

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